Judges: BUFORD, J.
Attorneys: George Palmer Garrett, for Appellant;
Fred R. Wilson, for Appellees.
Filed: Sep. 09, 1936
Latest Update: Mar. 02, 2020
Summary: The appeal brings for review order dismissing amended bill of complaint on motion of defendant. The amended bill in effect alleges that on December 1st, 1926, Gordon J. Barnett was the owner of certain land in Seminole County, Florida, described as lot 13, Block 3, Fern Park Estates, and on that date executed an agreement to convey the property to Theodore M. Dollison. Copy of the agreement is attached to the amended bill of complaint. The bill also alleges that the agreement was filed for *Page
Summary: The appeal brings for review order dismissing amended bill of complaint on motion of defendant. The amended bill in effect alleges that on December 1st, 1926, Gordon J. Barnett was the owner of certain land in Seminole County, Florida, described as lot 13, Block 3, Fern Park Estates, and on that date executed an agreement to convey the property to Theodore M. Dollison. Copy of the agreement is attached to the amended bill of complaint. The bill also alleges that the agreement was filed for *Page ..
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See Realty Securities Co v. Johnson, 93 Fla. 46, 111 So. 46; Chubb v. Chadwick, 93 Fla. 114, 111 So. 538; Norris v. Eikenberry, 103 Fla. 104, 137 So. 128. The first contract was cancelled by the second or option contract. Default in the latter contract — failure to exercise its option — left the legal title unincumbered in the vendor. The only equity the vendor has is to have the first contract cancelled of record. He can get possession by ejectment. There is nothing to foreclose. See also Wilson v. Daniel, 94 Fla. 1140, 115 So. 527. Skipper v. Handley,99 Fla. 382, 126 So. 386; Pierce v. Stevenson, 109 Fla. 517,147 So. 842.
DAVIS, J., concurs.
